BILL NUMBER: AB 2238	CHAPTERED  07/16/04

	CHAPTER  166
	FILED WITH SECRETARY OF STATE  JULY 16, 2004
	APPROVED BY GOVERNOR  JULY 15, 2004
	PASSED THE ASSEMBLY  JULY 1, 2004
	PASSED THE SENATE  JUNE 24, 2004
	AMENDED IN SENATE  JUNE 10, 2004
	AMENDED IN ASSEMBLY  APRIL 15, 2004

INTRODUCED BY   Assembly Member Spitzer
   (Coauthors:  Assembly Members La Malfa, Maze, and Samuelian)

                        FEBRUARY 19, 2004

   An act to amend Section 1299.12 of, and to add Section 1299.14 to,
the Penal Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2238, Spitzer.  Bail Fugitive Recovery Persons Act.
   Existing law, the Bail Fugitive Recovery Persons Act, authorizes
persons fitting the definition of a bail fugitive recovery person to
apprehend, detain, or arrest a bail fugitive provided they meet
specified requirements.  A violation of any of the requirements
imposed upon bail fugitive recovery persons is a misdemeanor.  The
act is scheduled to remain in effect only until January 1, 2005, at
which time it would be repealed.
   This bill would instead provide for the act to remain in effect
until January 1, 2010.  By continuing in existence crimes that were
scheduled to be repealed, this bill would impose a state-mandated
local program upon local governments.
   The bill would also direct the California Research Bureau in the
California State Library to conduct a study of the Bail Fugitive
Recovery Act, as specified, and to submit a report thereon to the
Legislature no later than January 1, 2009.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1299.12 of the Penal Code is amended to read:
   1299.12.  This article shall remain in effect only until January
1, 2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 2.  Section 1299.14 is added to the Penal Code, to read:
   1299.14.  The California Research Bureau in the California State
Library shall conduct a study of the structure and implementation of
the Bail Fugitive Recovery Act.  The bureau shall design and complete
a study evaluating the training requirements and regulatory status
for persons subject to the act, and whether the provisions of the act
have improved the process for the recovery of fugitives from bail.
In conducting the study, the bureau shall survey a representative
sampling of law enforcement agencies, bail associations, and the
state departments or agencies that certify the training courses.  The
bureau shall submit the published findings of the study to the
Legislature no later than January 1, 2009.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.